On Wednesday, August 2, 2023, the National Labor Relations Board (“the Board”) continued its retreat from many of the decisions issued by its Trump-era iteration. In Stericycle, Inc, 372 NLRB No. 113 (2023), the Board...more
On September 9, 2022, the New Jersey Cannabis Regulatory Commission (Commission) released interim Guidance (Guidance) on the workplace drug testing provisions of the state’s recreational marijuana law, known as the New Jersey...more
On Tuesday, October 5, 2021, Governor Phil Murphy signed legislation expanding state law protection against age discrimination for those employees who are 70 years of age or older. The legislation amends the New Jersey Law...more
The New Jersey Department of Health and the Department of Law and Public Safety (which oversees the New Jersey Division on Civil Rights) have issued guidance in the form of FAQs regarding the right of employers to mandate the...more
On March 10, 2021, less than three weeks after New Jersey Governor Phil Murphy signed legislation legalizing recreational marijuana and establishing employee protections for off duty marijuana use, a State lawmaker has...more
In November, New Jersey voters said “yes” to the legalization of recreational marijuana. On February 22, 2021, Governor Phil Murphy signed legislation that legalized and decriminalized recreational marijuana and established...more
Summary -
Two notable legal developments have occurred in Pennsylvania this fall related to marijuana use by employees....more
In New York City, a law was adopted by administrative action today that prohibits many employers, labor organizations, and employment agencies from conducting pre-employment drug testing for marijuana and THC, the active...more
The Governor of New Jersey on February 19, 2019, signed legislation that greatly expands the protections and benefits of the New Jersey Family Leave Act and the New Jersey Temporary Disability Benefits Law. Employers should...more
In Cotto v. Ardagh Glass, Inc., plaintiff Daniel Cotto, Jr., a forklift operator, hit his head while working and was sent for a medical examination. Pursuant to Ardagh's policy, Mr. Cotto was required to take a drug test as a...more
8/16/2018
/ Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Failure to Accommodate ,
Federal v State Law Application ,
Labor Law Violations ,
Medical Marijuana ,
Prescription Drugs ,
State and Local Government ,
State Labor Laws
Sexual harassment has been headline news for many months now. It is almost impossible to go more than a few days without the headlines reporting another high-profile resignation or firing due to harassment allegations....more
1/22/2018
/ Anti-Harassment Policies ,
Civil Rights Act ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Hostile Environment ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
Title VII ,
Tone At The Top
The New Jersey Law Against Discrimination (NJLAD) was amended to prohibit employers from discriminating against women who breastfeed or express milk during breaks....more
The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...more
7/24/2017
/ Adverse Employment Action ,
Decriminalization of Marijuana ,
Disability ,
Discrimination ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Reasonable Accommodation
The New Jersey Supreme Court recently decided two key issues affecting claims of supervisory hostile work environment sexual harassment under the New Jersey Law Against Discrimination (“NJLAD”). In Aguas v. State of New...more